Appendix 1

- Table Comparing Requirements in the Proposed CGP to the Requirements in the C&D Rule and 2008 CGP

This table compares the requirements in the proposed permit to the requirements of the C&D r ule and to the requirements in the current per mit. This comparison examines whether the costs associated with a permittee’s compliance with any one proposed requirement is already accounted for by costs associated with the C&D rule or 2008 CGP. For instance, where the costs are accounted for, and th erefore there is no incremental burden increase resulting from the new requirement, the answer in the last column would be “yes”. Where the costs were not fully accounted for in either the C&D rule or the 2008 CGP , the answer would be “no”. With respect to the comparison between the proposed CGP requirements and the corresponding 2008 CGP requirements, if the proposed requirements are an expression of the C&D rule requirements than it is not necessary to examine the incremental differences between th e proposed and current permit. The reason for this is that the C&D rule requirements “occupy the field” for the permit’s technology

- based effluent limits.

Proposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

1.5 Submitting Your NOI Details information required in NOI Requires use of eNOI, except in exceptional circumstances Specifies deadlines for NOI submittal and dates when coverage is official Provides procedures for denying

coverag e 450.10(a) Applicability 2.1 How to Obtain Authorization

2.2 How to Submit Your NOI

2.3 Authorization to Discharge Date

2.4 Submission Deadlines

2.6 Requiring Coverage Under an Individual Permit or an Alternative General Permit Yes

– Use of eNOI shoul d decrease costs, especially for operators using paper NOIs in the past. Increase of waiting period from 7 to 30 days is not an increased cost burden due to its connection to ESA compliance and typical permitting times that construction operators contend with.

2.1.1 Avoid Sensitive Areas: Mark off areas of disturbance,

no

- disturbance, and any sensitive areas 450.21.(a)(2) Control sw

discharges...to minimize erosion at outlets and to mini mize channel & streambank erosion Requirement fully accounted for by C&D rule YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Avoid steep slopes Preserve native topsoil Minimize stream crossings 450.21(a)(4) Minimize

disturbance of steep slopes

450.21(a)(6) Provid e and maintain natural buffers...

450.21(a)(7) Minimize soil compaction...

2.1.2 Provide natural ripari an buffers Establishes 3 compliance alternatives for meeting buffer requirements Limits to disturbances 450.21(a)(6) Provide and

maintain natural buffers... Requirement fully accounted for by C&D rule Yes

– T he C&D rule requires buffers. Alternatives are provided in the proposed permit that are considered equivalent to establishment of a 50

- foot naturally vegetated buffer
2.1. 3 Requirements Applicable to All Construction Sites General design requirements General installation requirements Maintenance requirements Good housekeeping

re quirements Use of native topsoil Minimize soil compaction 450.21(a) Design, install,

maintain effective erosion & sed controls...

450.21(a)(5) Minimize sediment discharges from the site...

450.21(a)(6) Provide and maintain natural buffers...

450.21(a)(7) Mi nimize soil compaction... Requirement fully accounted for by C&D rule

– similar requirements include:

Part 3 Intro

3.1.A Sediment Controls

3.1.B Off

- site Sediment Tracking and Dust Control

3.1.C Runoff Yes

– Each of these requirements are accounted for by the C&D Rule requirements, or the 2008 CGP requirement s.Proposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Stabilize entrance and exit points, and eliminate track

out from vehicles 450.21(c) Dewatering Management

3.1.F. 3 Construction and Waste Materials

3.2 Effluent Limits to Reduce Pollutants in
Non

- SW Discharges

3.6. Maintenance of Control Measures

3.6.B Maintenance of Control Measures 5.10 Maintaining an Updated Plan 2.1.3.8 Compliance with Class V underground injection control requirements for certain subsurface sw controls If necessary, comply

with Class V UIC regulations for infiltration trenches, subs urface detention vaults, chambers, or other similar devices, and drywells, seepage pits, or improved sinkholes None None Yes

– Requirement implements UIC Regulations and current EPA policy

2.1.4 Requirements Applicable to Specific SW Controls Wheel washdown requirements Channel design & stabilization requirements Steep slope controls Storm drain inlet 450.21(a)(1) Control sw

volume & velocity within site

450.21.(a)(2) Control sw discharges...to minimize erosion at outlets and to minimize channel & streambank erosion Requirement fully accounted for by C&D rule

– similar requirements include:

3.1.A.1 Sedim ent basins

3.1.B Off

- site Sediment Tracking & Dust Control YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

protections Sediment basins and impoundments Chemical treatment Dewatering practices 450.21(a)(3) Minimize soil

exposed

450.21(a)(4) Minimize disturbance of steep slopes

450.21(a)(5) M inimize sediment discharges from the site...

450.21(d)(1) Minimize the discharge of pollutants from vehicle washing...

450.21(c) Dewatering

450.21(f) Surface Outlets 3.1.C Runoff Management

3.1.D Erosive Velocity Control

3.6 Maintenance of SW Controls

2.2 Stabilization Requirements Deadline to initiate and complete Stabilization cri teria and deadlines for disturbances to sensitive areas Deadlines for arid/semi

- arid Criteria for vegetative and

non

- vegetative stabilization 450.21(a)(3) Minimize soil

exposed

450.21(b) Soil stabilization Requirement fully accounted for by C&D rule

– sim ilar requirements include:

3.1.H Erosion Control & Stabilization

3.1.H.2iii Initiation deadlines Yes

2.3 Pollution Prevention Prohibited discharges 450.21(d)(1) Minimize

discharge of pollutants 3.1.F.3 Construction and waste materials YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Requirements Pollution prevention standards for

o Fueling & maintenance

o Vehicle washing

o Staging and storag e

areas

o Washing of containers

o Storing, handling, and disposing of waste

o Emergency spill notification from wash water..

450.21(d)(2) Minimize exposure of building materials...

450.21(d)(3) Minimize the discharge of pollutants from spills and leaks

450.21(e) Prohibited discharges 3.1.G Non

- construction wastes

3.1.I Spill/Releases in Excess of Reportable Quantities

3.1 Applicability of Numeric Turbidity L imit 20

- and 10

- acre thresholds Exceptions to application of limit 450.22(a) and (b) Effluent

limitations reflecting the best available technology economically achievable (BAT) Requirement fully accounted for by C&D rule Yes

3.2 Numeric Effluent Limit Specifies numeric turbidity limit 450.22(a)(1) Effluent

limitations reflecting the best available technology economically achievable (BAT) Requirement fully accounted for by C&D rule Yes

– Currently limit is a placeholder for final, corrected limit

3.3 Sampling Req uirements When to sample Sampling frequency Sampling location 45 0.22(a)(2) Effluent

limitations reflecting the best available technology economically achievable (BAT) Requirement fully accounted for by C&D rule Yes

– Sampling requirements required in C&D rule; specific requirements left to permitting authority.Proposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Representative sampling Sampling discharges originating outside site Sampling protocols Sample analysis Recording of sampling results Actions required if exceed limit Reporting sample results Requir ements consistent with preamble recommendations on sampling.

4.1 General Effluent Limit to Meet Applicable Water Quality Standards Requires discharges to meet applic. water quality standards None 3.4.A and B Attainment of WQS Yes

– costs accounted for in 2008 CGP and regulatory requirement
t o control discharge as necessary to meet applicable WQS
4.2 Requirements for Discharges to Impaired Waters Phasing of construction activities WQ benchmark monitoring Faster stabilization requir ements Increased inspection requirements None 3.4.A and B Attainment of WQS

3.5 Consistency with
TMDLs Yes

– costs accounted for in 2008 CGP and in regulatory requirement to discharge consistent with the assumptions of any available WLAs in a
TMDL

.

4. 3 Requirements for New Comply with

same 3.4.A and B Attainment of WQS Yes

– costs accounted for in requirement toProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Discharges to Tier 2 , 2.5, or 3 Waters requirements as Part 4.2, except for benchmark monitoring control discharges as necessary to meet applicable WQS and to not cause or contribute to an exceedance of applicable WQS

. Information o n costs of benchmark monitoring provided in Appendix 2

. 5.1 Site Inspections Frequency of inspections Reduction in inspection frequency Requirements for inspections Inspection requirements when a discharge is occurring and when and when a discharge is no t occurring Recordkeeping requirements None 4.A Inspection Frequency

4.B Case

- by

- Case Reductions in Inspection Frequency

4.D Qualified Personnel reductions in inspection frequency

4.E Scope of inspections

4.H Inspection Report Not fully

– increase in inspection frequency for some permittees and more detailed requirements regarding inspections during storm events causing discharge

.

6.2. Site Conditions Requiring Corrective Action Corrective actions for when sw controls are not designed, installed, and /or maintained 450.21(a) Design, install,

and maintain effective stormwater controls 3.6 Maintenance of control measures

4.H.9 Corrective action requirement in Inspection Report YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

Corrective actions for when prohibited discharges

occur 6.3 Required Co rrective Actions and Applicable Deadlines Specific actions that must be taken Deadlines for completing each action None 4.H.9 Corrective action requirement in Inspection Report

5.10 Maintaining an Updated Plan Yes

– Proposed permit adds specificity to wh at is considered to be an adequate corrective action.

6.4 Corrective Action Records Details what information must be kept for each corrective action None 4.H.9 Corrective action requirement in Inspection Report.

5.10 Maintaining an Updated Plan Yes

6.5 Compliance Implications of Corrective Actions Explains that corrective action does not remove initial permit violation; failure to conduct corrective action is additional violation None Part 3 Intro

Standard conditions

– duty to comply Ye s

6.6 Reporting to
EPA Requires notification of EPA if occurrence of certain permit violations 450.22(a) Effluent limitations

reflecting the best available technology economically achievable (BAT) 3.1.I Spills / Releases in Excess of Repo rtable Quantities

3.4.B Attainment of WQS YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

450.21(e) Prohibited discharges 4.H Inspection Report

5.9 Inspection requirement in SWPPP.

App. G, Sec. 12.F 24

- Hour Reporting
7.1 Staff Training Requirements Person(s) requiring training When training is required What training must incl ude None 3.7 Training of Employees Yes

8. Stormwater Pollution Prevention Plan (SWPPP) Nature of construction activities Sequence and estimated dates of construction activities Site map Disturbances Compliance with impaired waters and antidegradatio

n requ irements Pollutants Description of SCMs Pollution prevention procedures Procedures for None 3.7 Training of Employees

5.1 SWPPP Framework

5.2.A Construction Site Operators

5.2.B Nature of Construction Activity

5.2.C Site Map

5.2.D Construction and Waste Materials

5.3 Description of Control Measures to Reduce Pollutant Discharges YesProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

inspection, maintenance, and corrective action Training Documentation to support eligibility considerations under other Federal laws 5.3.C Post

- Authorization Records

5.5 Do cumentation of Permit Eligibility Related to Endangered Species

5.6 Documentation of Permit Eligibility Related to TMDLs

5.9 Inspections

5.10 Maintaining an Updated Plan

5.11.C Availability of SWPPP

5.11.D Signature and Certification 9.1 Minimum information required in NOT Required minimum information in NOT None 6.1 Submitting an NOT Yes

9.2. Conditions for terminating permit coverage Details conditions that must be present on site to trigger termination of

coverage 450.21(b) Soil Stabilizatio n 6.2 When to Submit an NOT Yes

– additional requirements prior to termination of coverage necessary to ensure compliance with C&D rule requirements 9.3 Submit NOTs through eNOI system Requires use of eNOI system except in exceptional None 6 .1 Submitting an NOT Yes

– should reduce cost to permittees through use of electronic submission; paper NOIProposed CGP Requirement Corresponding C&D R ule Requirement Corresponding 2008 CGP Requireme nt Costs Accounted For?

circumstances still available if demonstrated need